bequibar

I was reading the instructions to submit the N-400 and I noticed it says you need to be:

Am I assuming correctly that if the married couple is *not* living together then the permanent resident can't apply for naturalization?

Noorah101

That's what it sounds like to me. Seems to me in a case where a couple is still married but not living together (i.e. separated because of marital trouble, legal separation, pending divorce, etc) then the PR would need to wait 5 years to apply for naturalization.

I am pretty sure in situations where a couple is happily married, and one is separated temporarily because of reasons such as work or school, might still be OK for the 3-year rule.

Rene

bequibar

That's what I assumed too. Thanks Rene!

ania

How about when you've already applied for citizenship based on marriage, and you want file for divorce or are separated?
In January 2008 it will 5 years since I got my GC. I don't think I will get my N-400 approved by then. Can I still become a citizen based not on marriage - 5 year rule?

Noorah101

I believe so. When you go for your interview, bring an updated N-400 filled out according to your 5-year history, and ask them to replace the one you submitted with the 3-year history.

Rene

wildestkabs

I am pretty sure it works that way.

ania

Where can I find it for sure? The 800 number is useless...

Noorah101

Perhaps it says something about it in the Guide to Naturalization? Available at www.uscis.gov.

Rene